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66.0441(3)(b) (b) Applicability of local limit. If a political subdivision enacts a nonmetallic mining licensing ordinance requirement regulating the operation of a quarry that was not in effect when quarry operations began at an active quarry, the ordinance requirement does not apply to that quarry or to land that is contiguous to the land on which the quarry is located, if the contiguous land has remained continuously under common ownership, leasehold, or control with land on which the quarry is located from the time the ordinance was enacted; can be shown to have been intended for quarry operations prior to the enactment of the ordinance; and is located in the same political subdivision.
66.0441(3)(c) (c) Hours of operation. A political subdivision may not limit the times, including days of the week, that quarry operations may occur if the materials produced by the quarry will be used in a public works project that requires construction work to be performed during the night or an emergency repair.
66.0441(3)(d) (d) Blasting.
66.0441(3)(d)1.1. In this paragraph, “ affected area” means an area within a certain radius of a blasting site that may be affected by a blasting operation, as determined using a formula established by the department of safety and professional services by rule that takes into account a scaled-distance factor and the weight of explosives to be used.
66.0441(3)(d)2. 2. Except as provided under subds. 3. and 4. and s. 101.02 (7y), a political subdivision may not limit blasting at a quarry.
66.0441(3)(d)3. 3. A political subdivision may require the operator of a quarry to do any of the following:
66.0441(3)(d)3.a. a. Before beginning a blasting operation at the quarry, provide notice of the blasting operation to each political subdivision in which any part of the quarry is located and to owners of dwellings or other structures within the affected area.
66.0441(3)(d)3.b. b. Before beginning a blasting operation at the quarry, cause a 3rd party to conduct a building survey of any dwellings or other structures within the affected area.
66.0441(3)(d)3.c. c. Before beginning a blasting operation at the quarry, cause a 3rd party to conduct a survey of and test any wells within the affected area.
66.0441(3)(d)3.d. d. Provide evidence of insurance to each political subdivision in which any part of the quarry is located.
66.0441(3)(d)3.e. e. Provide copies of blasting logs to each political subdivision in which any part of the quarry is located.
66.0441(3)(d)3.f. f. Provide maps of the affected area to each political subdivision in which any part of the quarry is located.
66.0441(3)(d)3.g. g. Provide copies of any reports submitted to the department of safety and professional services relating to blasting at the quarry.
66.0441(3)(d)4. 4. A political subdivision may suspend a permit for a violation of the requirements under s. 101.15 relating to blasting and rules promulgated by the department of safety and professional services under s. 101.15 (2) (e) relating to blasting only if the department of safety and professional services determines that a violation of the requirements or rules has occurred and only for the duration of the violation as determined by the department of safety and professional services.
66.0441(3)(d)5. 5. Nothing in this section exempts a quarry operator from applicable limitations on the time of day during which blasting activities may be conducted that are imposed by rules promulgated by the department of safety and professional services.
66.0441(3)(e) (e) Quarry permit requirements.
66.0441(3)(e)1.1. A political subdivision may not add a condition to a permit during the duration of the permit unless the permit holder consents.
66.0441(3)(e)2. 2. If a political subdivision requires a quarry to comply with another political subdivision's ordinance as a condition for obtaining a permit, the political subdivision that grants the permit may not require the quarry operator to comply with a provision of the other political subdivision's ordinance that is enacted after the permit is granted and while the permit is in effect.
66.0441(3)(e)3.a.a. A town may not require, as a condition for granting a permit to a quarry operator, that the quarry operator satisfy a condition that a county requires in order to grant a permit that is imposed by a county ordinance enacted after the county grants a permit to the quarry operator.
66.0441(3)(e)3.b. b. A county may not require, as a condition for granting a permit to a quarry operator, that the quarry operator satisfy a condition that a town requires in order to grant a permit that is imposed by a town ordinance enacted after the town grants a permit to the quarry operator.
66.0441 History History: 2023 a. 12.
subch. V of ch. 66 SUBCHAPTER V
OFFICERS AND EMPLOYEES
66.0501 66.0501 Eligibility for office.
66.0501(1)(1)Deputy sheriffs and municipal police. No person may be appointed deputy sheriff of any county or police officer for any city, village or town unless that person is a citizen of the United States. This section does not apply to common carriers or to a deputy sheriff not required to take an oath of office.
66.0501(2) (2) Eligibility of other officers. Except as expressly authorized by statute, no member of a town, village or county board, or city council, during the term for which the member is elected, is eligible for any office or position which during that term has been created by, or the selection to which is vested in, the board or council, but the member is eligible for any elective office. The governing body may be represented on city, village or town boards and commissions where no additional compensation, except a per diem, is paid to the representatives of the governing body and may fix the tenure of these representatives notwithstanding any other statutory provision. A representative of a governing body who is a member of a city, village or town board or commission may receive a per diem only if the remaining members of the board or commission may receive a per diem. This subsection does not apply to a member of any board or council described in this subsection who resigns from the board or council before being appointed to an office or position which was not created during the member's term in office.
66.0501(3) (3) Appointments on consolidation of offices. Whenever offices are consolidated, the occupants of which are members of the same statutory committee or board and which are serving in that office because of holding another office or position, the common council or village board may designate another officer or officers or make any additional appointments as may be necessary to procure the number of committee or board members provided for by statute.
66.0501(4) (4) Compatible offices and positions.
66.0501(4)(a) (a) A volunteer fire fighter, emergency medical services practitioner, or emergency medical responder in a city, village, or town whose annual compensation from one or more of those positions, including fringe benefits, does not exceed $25,000 if the city, village, or town has a population of 5,000 or less, or $15,000 if the city, village, or town has a population of more than 5,000, may also hold an elective office in that city, village, or town. It is compatible with his or her office for an elected village or town officer to receive wages under s. 60.37 (4) or 61.327 for work that he or she performs for the village or town.
66.0501(4)(b) (b) It is compatible with his or her office for a local public official, as defined in s. 19.42 (7x), to serve as an election official appointed under s. 7.30 (2) (a) and be compensated for that service, as provided under s. 7.03.
66.0501(5) (5) Employees may be candidates.
66.0501(5)(a) (a) In this subsection:
66.0501(5)(a)1. 1. “Political subdivision" means a city, village, town, or county.
66.0501(5)(a)2. 2. “Public employee" means any individual employed by a political subdivision, other than an individual to whom s. 164.06 applies and other than an individual to whom 5 USC 1502 (a) (3) applies.
66.0501(5)(b) (b) No political subdivision may prohibit a public employee from being a candidate for any elective public office, if that individual is otherwise qualified to be a candidate. No public employee may be required, as a condition of being a candidate for any elective public office, to take a leave of absence during his or her candidacy. This subsection does not affect the authority of a political subdivision to regulate the conduct of a public employee while the public employee is on duty or otherwise acting in an official capacity.
66.0501 Annotation A citizenship requirement for peace officers is constitutional. 68 Atty. Gen. 61.
66.0501 Annotation The offices of commissioner of a town sanitary district and supervisor of a town board are incompatible when the town board also serves as the appointing authority for the commissioners. 69 Atty. Gen. 108.
66.0501 Annotation A sitting member of a county board must resign the office of supervisor before being appointed to the permanent position of county administrative coordinator under this section. OAG 1-11.
66.05015 66.05015 Background investigation.
66.05015(1)(1)In this section, “political subdivision” means a city, village, town, or county.
66.05015(2)(a)1.1. Notwithstanding ss. 111.321, 111.322, and 111.335 and with the assistance of the department of justice, a political subdivision shall conduct a background investigation of any person, including a person appointed under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63, selected to fill a position with the political subdivision and who, in fulfilling the duties of the position, will have access to federal tax information received directly from the federal Internal Revenue Service or from a source that is authorized by the federal Internal Revenue Service.
66.05015(2)(a)2. 2. Notwithstanding ss. 111.321, 111.322, and 111.335, at any interval determined appropriate by the political subdivision, a political subdivision may conduct additional background investigations of any person, including a person appointed under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63, for whom an initial background investigation has been conducted under subd. 1. and background investigations of any other person, including a person appointed under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63, employed by the political subdivision who, in fulfilling the duties of his or her position, has access to federal tax information received directly from the federal Internal Revenue Service or from a source that is authorized by the federal Internal Revenue Service.
66.05015(2)(b) (b) A background investigation under this section may include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.
66.05015 History History: 2017 a. 154; 2021 a. 238 s. 45.
66.0502 66.0502 Employee residency requirements prohibited.
66.0502(1)(1)The legislature finds that public employee residency requirements are a matter of statewide concern.
66.0502(2) (2)In this section, “local governmental unit" means any city, village, town, county, or school district.
66.0502(3) (3)
66.0502(3)(a)(a) Except as provided in sub. (4), no local governmental unit may require, as a condition of employment, that any employee or prospective employee reside within any jurisdictional limit.
66.0502(3)(b) (b) If a local governmental unit has a residency requirement that is in effect on July 2, 2013, the residency requirement does not apply and may not be enforced.
66.0502(4) (4)
66.0502(4)(a)(a) This section does not affect any statute that requires residency within the jurisdictional limits of any local governmental unit or any provision of state or local law that requires residency in this state.
66.0502(4)(b) (b) Subject to par. (c), a local governmental unit may impose a residency requirement on law enforcement, fire, or emergency personnel that requires such personnel to reside within 15 miles of the jurisdictional boundaries of the local governmental unit.
66.0502(4)(c) (c) If the local governmental unit is a county, the county may impose a residency requirement on law enforcement, fire, or emergency personnel that requires such personnel to reside within 15 miles of the jurisdictional boundaries of the city, village, or town to which the personnel are assigned.
66.0502(4)(d) (d) A residency requirement imposed by a local governmental unit under par. (b) or (c) does not apply to any volunteer law enforcement, fire, or emergency personnel who are employees of a local governmental unit.
66.0502 History History: 2013 a. 20.
66.0502 Annotation Because, by its plain language, this section uniformly affects every city or village, it trumps the city of Milwaukee's charter, and the city may not enforce its residency requirement. Black v. City of Milwaukee, 2016 WI 47, 369 Wis. 2d 272, 882 N.W.2d 333, 14-0400.
66.0502 Annotation Although this section abolishes residency requirements generally, it does not create a vested right for law enforcement, fire, and emergency personnel to live wherever they want. Quite the opposite, it grants local governments the authority to adopt a 15-mile radius requirement for those employees. Milwaukee Police Ass'n v. City of Milwaukee, 856 F.3d 480 (2017).
66.0503 66.0503 Combination of municipal offices.
66.0503(1)(1)The office of county supervisor may be consolidated by charter ordinance under s. 66.0101:
66.0503(1)(a) (a) With the office of village president in any village which has boundaries coterminous with the boundaries of any supervisory district established under s. 59.10 (3).
66.0503(1)(b) (b) With the office of alderperson or council member in any city in which the district from which the alderperson or council member is elected is coterminous with the boundaries of any supervisory district established under s. 59.10 (3).
66.0503(2) (2)After the effective date of adoption or repeal of a charter ordinance under this section, the clerk of the municipality shall file a copy of the ordinance with the clerk of the county within which the supervisory district lies. When so consolidated, nomination papers shall contain that number of signatures required under s. 8.10 for county supervisors and shall be filed in the office of the county clerk.
66.0503(3) (3)Removal from office of any incumbent of an office consolidated under this section vacates the office in its entirety whether effected under ss. 17.09, 17.12 and 17.13 or other pertinent statute.
66.0503(4) (4)Compensation for an office consolidated under this section shall be separately established by the several governing bodies affected by the consolidation as though no consolidation of offices had occurred.
66.0503(5) (5)Tenure for an officer of an office consolidated under this section shall coincide with the term for county supervisors.
66.0503 History History: 1971 c. 94; 1973 c. 118 s. 7; 1985 a. 135 s. 83 (1); 1993 a. 184; 1995 a. 201; 1999 a. 150 s. 311; Stats. 1999 s. 66.0503; 2001 a. 30.
66.0504 66.0504 Address confidentiality program.
66.0504(1)(1)Definitions. In this section:
66.0504(1)(a) (a) “Actual address" has the meaning given in s. 165.68 (1) (b).
66.0504(1)(b) (b) “Local clerk" means an individual, and an individual's deputy or assistant, who serves as one of the following:
66.0504(1)(b)1. 1. A county clerk under s. 59.23.
66.0504(1)(b)2. 2. A clerk of court under s. 59.40.
66.0504(1)(b)3. 3. A municipal clerk as defined in s. 5.02 (10).
66.0504(1)(b)4. 4. A register of deeds under s. 59.43.
66.0504(1)(c) (c) “Program participant" has the meaning given in s. 165.68 (1) (g).
66.0504(2) (2) Identity protection.
66.0504(2)(a)(a) If a program participant submits a written request to a local clerk that he or she keep the program participant's actual address private, the local clerk may not disclose any record in his or her possession that would reveal the program participant's actual address, except pursuant to a court order.
66.0504(2)(b) (b) The provisions of s. 165.68 (3) (b) 4. a., to the extent that they apply under s. 165.68, apply to a program participant's written request under par. (a).
66.0504 History History: 2015 a. 356; 2017 a. 365.
66.0505 66.0505 Compensation of governing bodies.
66.0505(1)(1)Definitions. In this section:
66.0505(1)(a) (a) “Elective officer" means a member or member-elect of the governing body of a political subdivision.
66.0505(1)(b) (b) “Political subdivision" means any city, village, town, or county.
66.0505(2) (2) Establishment of salary. An elected official of any political subdivision, who by virtue of the office held by that official is entitled to participate in the establishment of the salary attending that office, shall not during the term of the office collect salary in excess of the salary provided at the time of that official's taking office. This provision is of statewide concern and applies only to officials elected after October 22, 1961.
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 71 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on February 14, 2024. Published and certified under s. 35.18. Changes effective after February 14, 2024, are designated by NOTES. (Published 2-14-24)